Legal Opinion

Caswell v. . Putnam

New York Court of Appeals

Decided April 15, 1890PublishedCited by 28 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 20, 1886, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 20, 1886, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. Defendants should have been allowed to prove that they had on hand, or under their control, at all times from July 23,1883, to December 17,1883, a sufficient amount of Union Pacific stock to meet a demand by the plaintiff for the amount of stock which the plaintiff had left with the defendants to…

1Opinion of the CourtHaight, J.

This action was brought to recover the balance-alleged to be due and owing from the defendants, who were stock brokers in the city of 27ew York. The plaintiff resided in the city of Hartford, and on the 23d of July, 1883, engaged the defendants in 27ew York to buy 100 shares of Hnion Pacific stock, and paid thereon the sum of $1,000. The stock was purchased by the defendants in -their own name for the sum of $9,300, and subsequently and on the seventeenth day of December of the same year the plaintiff ordered a sale of the stock, and the same was made for the sum of $7,375. The orders of the…

2Cases cited5 opinions

  1. Taussig v. . HartNew York Court of Appeals · 1874
  2. Horton v. . MorganNew York Court of Appeals · 1859
  3. Nourse v. PrimeNew York Court of Chancery · 1820
  4. Stewart v. . DrakeNew York Court of Appeals · 1871
  5. Strong v. National Mechanics' Banking Ass'nNew York Court of Appeals · 1871

3Cited by28 opinions

  1. Richardson v. ShawSupreme Court of the United States · 1908
  2. Provost v. United StatesSupreme Court of the United States · 1926
  3. Adams v. DickMassachusetts Supreme Judicial Court · 1917
  4. Hutchinson v. DeeCourt of Appeals for the First Circuit · 1901
  5. Rollestone v. National Bank of CommerceSupreme Court of Missouri · 1923

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